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Law and order; crime and punishment. How can the scales of justice be balanced morally? David Carpenter 21st October 2015 Portsmouth Cathedral.

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Presentation on theme: "Law and order; crime and punishment. How can the scales of justice be balanced morally? David Carpenter 21st October 2015 Portsmouth Cathedral."— Presentation transcript:

1 Law and order; crime and punishment. How can the scales of justice be balanced morally? David Carpenter 21st October 2015 Portsmouth Cathedral

2 16 September 2015Who is my neighbour 1? The so-called migrant problem. 23 September 2015 Who is my neighbour 2? World hunger, disease and other challenges faced by developing countries. 30 September 2015 The perfect person1. The moral landscape of new reproductive technologies 7 October 2015 The perfect person 2. Worthwhileness of life in the face of progressive disease and disability. Euthanasia- including assisted suicide. 14 October 2015 Law and order; crime and punishment. How can the scales of justice be balanced morally? 21 October 2015Open session. It is likely that participants will identify further topics – this session will be devoted to some of these.

3 Next Week War Ethics and the Environment Medical Ethics Case study work

4 Key Text Rachels, J. Punishment and Desert In: La Follette, H. (1997) Ethics in Practice. Oxford: Blackwell

5 Punishment Always requires justification –A matter of justice – it would be wrong not to punish a rapist or murderer –A matter of equality (equal treatment) But: It just adds to misery and suffering – utilitarian response – we should seek a greater net benefit

6 Punishment Should: Only be inflicted on the guilty Be equally meted out Be proportional

7 Punishment as: Retribution Deterrence Rehabilitation

8 A few preliminary key questions Can the misconduct be excused or explained? –Appeal to Rawlsian justice – people can’t always ‘help their situation’ –Provocation –Extenuation, palliation and mitigation –Appeal to excuses

9 Excuses A: P did X but it was not bad B: P did not mean to do X –accidents, some examples of ignorance, coercion A: Responsibility accepted B: Responsibility denied

10 Retribution (Mainly Deontological) Simple vengeance The idea of paying back Treating others as one would wish to be treated oneself Treating people as they deserve Rebalancing the scales of justice

11 Appeal of Retribution Only the guilty are punished Equal treatment for equal crimes Proportionality

12 Appeal of Deterrence (Mainly Consequentialist) Prevention of individual re-offending Deter other from offending Does it work?

13 Against Deterrence Whilst equal treatment remains necessary, The punished don’t have to be guilty The punishment does not have to ‘fit the crime’ (proportionality) – a new goal has been imposed Best not to allow excuses

14 Rehabilitation Guilt is not really an issue – if rehab. Works then it would be a good idea to act preventatively Equal treatment – not a consideration – good grounds for unequal treatment Proportionality – the ‘punishment’ no longer relates to the crime

15 DeterrenceRehabilitationRetribution GuiltNo Yes Equal Treatment YesNoYes ProportionalityNo Yes

16 Karl Andree case: David Cameron to write to Saudi government Prime Minister David Cameron will write to the Saudi Arabian government about a UK pensioner imprisoned for possessing alcohol, Downing Street has said.

17 Historical Crime

18 Policeman killed in Liverpool


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